The judgment of the court below is reversed.

The defendant shall be innocent.

1. According to the evidence submitted by the Prosecutor, the fact that the Defendant acquired the insurance money through hospitalized treatment in the absence of the need to be hospitalized as stated in the instant facts charged can be fully recognized.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio.

The prosecutor changed the part of the facts charged in the instant case, which was pronounced not guilty for the first time in the court, and maintained it as the primary facts charged, and subsequently requested to permit the modification of the indictment to add the facts charged as stated in Section 3(b) below, and the subject of the judgment was changed by the court.

In this respect, the judgment of the court below is no longer maintained.

However, despite the above reasons for ex officio destruction, amendments to the indictment of this case on the primary facts of this case is merely a modification of the contents of the previous facts charged with maintaining most of the fact-finding that "the defendant received hospitalized treatment with the intention to acquire insurance money although it does not require hospital treatment," and the prosecutor's assertion of mistake of facts against the original judgment is still subject to the judgment of this court, and this part is also examined as follows.

3. Summary of the modified facts charged

A. The summary of the facts charged as follows: B and C are herb doctors operating herb hospitals located in Seo-gu in Busan, and they are also able to process insurance with an amount equivalent to 90% of the hospital cost when patients insured by hand receive hospital treatment, using the fact that patients insured by hand are able to process insurance with an amount equivalent to 1.8 million won, and high-priced herb drugs, such as roas, and health foods, i.e., carin, and i., immunity and high-frequency treatment.